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Federal authorities, along with support from state and local law enforcement, served search warrants at locations in Urbandale and Clive, Iowa; in Santa Clara, Rancho Cucamonga and Arcadia, Calif.; as well as in South Plainfield, N.J.
This particular investigation looks at firms that sponsor mostly H-1B non-immigrants, or temporary workers in specialty occupations that demand special expertise. The companies which have been the subject of this specific investigation have stated that the foreign staff have been brought to the U.S. to fill current vacancies. However, the companies allegedly have not always had jobs available for these people, thereby placing them in non-pay status after they arrive in the United States. In some instances, the foreign workers have allegedly been placed in jobs and locales not previously certified by the Department of Labor, displacing qualified American employees and violating prevailing wage laws. The employers and foreign workers have allegedly submitted false statements and documents in support of their visa petitions. The false statements and documents were mailed or wired to state level and federal agencies in support of the visa applications. The businesses are suspected of visa fraud, mail fraud, wire fraud, money laundering and conspiracy.
U.S. firms utilize H-1B visas to employ foreign personnel in specialty jobs that demand theoretical or technical expertise in specialized fields, such as scientists, engineers, or computer programmers. As part of the H-1B program, the Department of Homeland Security (DHS) and the Department of Labor (DOL) require U.S. employers to fulfill specific labor conditions to ensure that American workers are not adversely impacted, while the DOL’s Wage and Hour Division safeguards the treatment and compensation of H-1B employees. Congress sets a numerical cap for the entrance of skilled workers into the U.S. The present H-1B cap is set at 65,000 per fiscal year. H-1B aliens can work in the United States for three years, with an option for an additional three years (for a maximum of six years).
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